Social Welfare Consolidation Act 2005 section 343T

Discharge of liability to injured person

Section 343T explains how a compensator's liability to an injured person is treated as discharged once the appropriate payment has been made to the Minister under the recovery of benefits scheme.

• Where the recovery of benefits scheme applies to a compensation claim, the compensator's obligation to the injured person is reduced by the amount paid to the Minister.
• The claim is treated as discharged only to the extent that the compensator has actually paid the Minister the recoverable amount due under Section 343R.
• This protects the compensator from being required to pay twice — once to the Minister and again to the injured person — for the same element of the claim.
• Any aspects of the compensation claim that fall outside the recovery scheme remain unaffected and must still be resolved between the parties separately.